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NEWS
Environment analysis: What might Brexit mean for the UK’s offshore wind industry? Nicholas Pincott, Kathryn Emmett and Lucy Bruce Jones at Norton Rose Fulbright, consider the likely impact of Brexit on the UK’s offshore wind industry and how such events might affect regulation of and investment in the sector going forwards.
PRACTICE NOTES
This document is archived and no longer maintained. This Practice Note summarises the changes made to the Recast Regulation on Insolvency by Brexit SI, the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146 which apply from IP completion day (31 December 2020). In general, the main operative provisions relating to automatic recognition fall away from IP completion day (see Practice Note: Brexit—impact on Recast Regulation on Insolvency). For a redline showing the impact of Brexit SI 2019/146 on the Recast Regulation on Insolvency from IP completion day (please note that these are not official versions but are useful working aids), see News Analysis: Brexit SI analysis: redline of Recast Regulation on Insolvency 2015/848 as amended by the Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146. While the articles of the Retained Recast Regulation on Insolvency have been amended by Brexit SI 2019/146, the recitals have not. As a result, these provisions still refer to the position under the EU Recast Regulation on Insolvency
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Implications of Brexit for other jurisdictions Brexit had a significant impact on the relationship between the UK and other jurisdictions, both within the EU and outside. This Practice Note brings together News Analyses and articles looking at how other EU Member States’ preparations for Brexit and existing laws in relation to such issues as trade, enforcement of judgments and the provision of financial services might impact the UK. The content is listed in order of publication, newest first. Further information on the laws of other jurisdictions in the context of finance transactions, including in relation to lending restrictions and recognition of judgments, can be found within our Banking & Finance cross-border resources—see: • Banking & Finance cross-border guides—overview • Lexology Panoramic—cross-border guides Title Jurisdiction Summary Date of publication Recognition and enforcement of UK judgments in Norway post No deal Brexit Norway In the scenario that the UK leaves the EU without an established agreement as to the
NEWS
The EU Commission has proposed to the EU Council to enter into negotiations with the UK on an agreement to facilitate youth mobility. The Commission proposes that an agreement would make it easier for young EU and UK citizens to study, work and live in the UK and the EU. The Commission's recommendation will now be discussed in the Council and if they agree the Commission will be empowered to launch negotiations with the UK on youth mobility.
PRACTICE NOTES
ARCHIVED: This Practice Note considers the impact that Brexit will have on cross border processes when the UK exits the EU. It considers the current position in relation to cross border processes as set out in Regulation (EC) 805/2004, the European for uncontested claims regulation, Regulation (EC) 1896/2006, European Payment Order Regulation and Regulation (EC) 861/2007, European Small Claims Procedure Regulation. The Practice Note then summarises the UK and EU’s respective positions, considers the likely potential outcomes which may arise when the UK exits the EU as well as potential regimes which may assist. For an understanding of how a deal or no deal position may be reached, the House of Commons Exiting the EU Committee report: The progress of the UK’s negotiations on EU withdrawal (June to September 2018) which at para [35] provides a useful flowchart. Current position Regulation (EC) 805/2004, the EEO regulation, Regulation (EC) 861/2007, ESCP Regulation and Regulation (EC) 1896/2006, EPO are currently in force for practitioners and parties in the UK: • Regulation (EC) 805/2004, EEO regulation introduced
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is no longer maintained. It summarises the impact of Brexit upon European companies, otherwise known as Societas Europaea (SEs), and European Economic Interest Groupings (EEIGs). It further considers the UK-based entities known as UK Societas and UK Economic Interest Groupings (UKEIGs). It is included for background information only. At 11pm UK time on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. The UK is now regarded by the EU as a ‘third country’, ie it is a country that is not an EU Member State or a member of the European Free Trade Association (EFTA). During the implementation period (until 11pm UK time on 31 December 2020, otherwise known as the IP completion day), the UK and the EU sought to negotiate and enter into an agreement that would govern their future relationship. The framework for a future relationship was set out in a political declaration, the terms of which were agreed
NEWS
The Foreign, Commonwealth and Development Office (FCDO) has published the agenda of the 13th meeting of the Withdrawal Agreement Joint Committee. The meeting is on the 16 May 2024 and it will take place in-person and by video conference. Topics to be discussed include: stocktake of Specialised Committee activity 29 September 2023 to 16 May 2024; update on the Withdrawal Agreement in accordance with Article 164 of the Withdrawal Agreement; citizens’ rights; the Windsor Framework; and acts to be adopted by the Joint Committee.
PRACTICE NOTES
The Family Procedure Rules 2010 and Court of Protection rules 2017 (Amendment) (EU Exit) Regulations 2019, SI 2019/517 made amendments that removed provision in the Family Procedure Rules 2010 (FPR 2010) (and the Court of Protection Rules 2017) relating to powers, processes and orders under EU instruments, or international agreements no longer applicable or available where those instruments or agreements were revoked by the European Union (Withdrawal) Act 2018 (EU(W)A 2018), or statutory instruments made under EU(W)A 2018. Consequential changes were also made to Practice Directions that support FPR 2010, see LNB News 07/01/2021 76 and How FPR 2010 is amended. This Practice Note addresses the purpose of SI 2019/517 and relevant EU law, together with transitional and saving provisions including as to proceedings where the court was seised on or prior to implementation period (IP) completion day (31 December 2020). As of 31 January 2020, the UK ceased to be an EU Member State and no longer participates in the political institutions and governance structures of the EU. However, in accordance with the transitional
PRACTICE NOTES
This tracker lists all Brexit-related financial services statutory instruments (SIs), together with explanatory memoranda and other information for each SI, as well as links to primary sources. The majority of financial services SIs have been published by HM Treasury under the European Union (Withdrawal) Act 2018 (EU(W)A 2018) to ensure that the UK continues to have a functioning financial services regulatory regime when the UK leaves the EU in a no-deal Brexit scenario or at the end of any applicable transition period. The government has also published new regulations under the Sanctions and Anti-Money Laundering Act 2018 to ensure that sanctions currently in force in the UK under EU legislation and related UK regulations continue to operate effectively. The Brexit Financial Services SI
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. At 11pm (UK time) on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. From that point on, the UK has been regarded by the EU as a ‘third country’ that is not an EU Member State or a member of the European Free Trade Association (EFTA). During the Brexit implementation period which ran from exit day until 11pm UK time on 31 December 2020 (IP completion day), the key EU regulations effectively remained in place for Corporate lawyers (see Practice Note: The effect of Brexit on UK company law [Archived]), but as of IP completion day, certain changes were made to this picture. A number of the potential changes to UK corporate law outlined prior to IP completion day were due to take place if, prior to IP completion day, the UK and the EU failed to enter into a ratified agreement
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. At 11pm (UK time) on 31 January 2020 (exit day), the United Kingdom left the European Union in accordance with a ratified Withdrawal Agreement between the UK and the EU. From that point on, the UK has been regarded by the EU as a ‘third country’ that is not an EU Member State or a member of the European Free Trade Association (EFTA). During the Brexit implementation period which ran from exit day until 11pm UK time on 31 December 2020 (IP completion day), the key EU regulations effectively remained in place for Corporate lawyers (see Practice Note: The effect of Brexit on UK company law [Archived]), but as of IP completion day, certain changes were made to this picture. A number of the potential changes to UK corporate law outlined prior to IP completion day were due to take place if the UK and the EU failed prior to IP completion day to enter into a
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Environment Brexit News Analysis LexisNexis® Environment has published News Analysis on a range of issues concerning the implications of Brexit, as set out in the table below. Retained EU law (REUL) is a legal concept describing EU-derived rights and legislation preserved by UK law after the end of the Brexit transition or implementation period at 11 pm on 31 December 2020 (IP completion day). Assimilated law is the name given to REUL which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. From 1 January 2024, REUL is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under the European Union (Withdrawal) Act 2018 (EU(W)A 2018)). For more information, see Practice